Ensuring Workplace Safety During the Coronavirus Pandemic
"This resource provides essential information for UNISON Health and Safety Reps and Workplace Reps to apply best health and safety practices in the workplace during the COVID-19 pandemic. It covers legal functions, employer duties, risk assessment stages, competent person role, hazard identification, and more to combat the virus effectively."
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May 19 2020 BASIC HEALTH AND SAFETY PRINCIPLES AND THE CORONAVIRUS Applying best health and safety practice in the workplace during the Corona Pandemic Information for UNISON Health and Safety Reps and Workplace Reps.
Fighting against the virus Key tools: Knowledge of your legal functions Knowledge of employers legal obligations Understanding the 5 stage approach to risk assessment Getting organised!
Health and Safety Reps Legal Functions Investigate potential hazards Investigate complaints by employees Take up issues with employer Carry out inspections Access health and safety information from employer Paid time off to do above Paid time off to get trained
Employers Legal Duties to representatives Consult in good time Give out necessary information Inform what to do if exposed to risk Give paid time off for H&S duties and training Provide facilities to assist reps functions Role of rep and duties of employer laid down in law. Health and Safety Executive oversees law
The Role of Risk Assessment and the Five Stage Approach The Pre-Stage Has your employer carried out a risk assessment? Have you seen it in writing? Who developed it? Who else was involved? e.g UNISON? Has employer followed government advice? Has the risk assessment incorporated the 5 stage approach? See further Is a Competent Person responsible for the Risk Assessment?
A Competent Person Someone who is capable of identifying existing and predictable hazards which are dangerous to employees and who has authorisation to take prompt corrective measures to eliminate them. Who is the competent person for your work place?
Stage 1 Identify the Hazard The Corona-Virus Can be fatal Can cause long term damage Amplification of the Hazard Although you may not have an adverse reaction, someone you pass it on it may suffer the above
Stage 2 Employer must decide who might be harmed and how Potentially all at work, but especially those in contact with: Patients Clients Members of the public Colleagues travelling to work by public transport
Stage 2 Employer must decide who might be harmed and how Those age 70 or over and anyone with certain chronic medical conditions including: Asthma Bronchitis Diabetes Emphysemia For full list check useful links at the end of these slides
Stage 3 Estimate chance of harm and identify ways to reduce it Employer must: Work out the chance of harm and then take appropriate action to prevent it happening If risk then employer must do everything Reasonably Practical to prevent the harm occurring Prevent or if not possible reduce the risk As Far as Reasonably Practical
Stage 3 Estimate chance of harm. Virus is easily transferable Although the majority experience relatively minor symptoms a minority develop severe symptoms and some even die Risk increases for those with certain underlying health condition Those who are those aged over 70 Evidence of susceptibility among Black, Asian and Minority Ethnic groups (BAME)
Ways for employers to reduce harm Avoid! Can people work from home? Is it absolutely essential that a particular person remain at work? Who decides? Is the person competent? How do they decide? Who is involved in the decision?
Alternative options where people cant work from home Identify ways to reduce the threat Has Employer: Identified safer modes of transport to work i.e taxi, private mini bus, parking fees paid etc? Ensured that contact with clients, patients, members of the public, and colleagues is reduced as far as reasonable practical? Provided and monitored use of quality personal protective equipment? Ensured that washing and cleaning facilities has increased to reduce the threat? Implemented the 2 meter rule? Listened to and read Public Health Guidance
Where people cant work from home Identify ways to reduce the threat Has employer: DONE EVERYTHING AS FAR AS REASONABLY PRACTICABLE TO AVOID OR REDUCE THE RISK? WHAT ELSE CAN EMPLOYER DO?
Stage 4 Record and Apply Findings Has Employer: Recorded the risk assessment, to include: The hazards and risks Measures to prevent or reduce chance of harm Any group particularly at risk Must also adopt the measures identified. Inform health and safety reps.
Five Review the risk assessment and update if necessary Cannot just be forgotten How regular the review will depend on the hazard and likelihood that someone will be harmed Regular review if things change Check risk assessment for validity in light of new ways or methods of elimination or reduction
If employers response inadequate Talk to them Put concerns in writing and record when a timed response is expected. Report to branch and Regional Organiser If working for a contractor complain to contracting authority Escalate to HSE (https://www.hse.gov.uk/contact/concerns.htm) but only when negotiations with employers have been exhausted Take advice
Feeling unsafe at work? If you are worried that your employer is not properly assessing the risks and taking steps to protect you at work, you should contact your UNISON health and safety rep. You can do this via your UNISON branch. If you don t know how to contact your branch use our branch contact finder at https://branches.unison.org.uk/ Information on your rights at work https://www.unison.org.uk/coronavirus-rights-work/
Feeling Unsafe? - Some escalation steps 1. Talk to managers 2 Put concerns in writing, document the hazards and measures needed to minimise the risk and record when a timed response is expected. Report to your rep/branch and/or Regional Organiser and ask for advice If working for a contractor ask branch to complain to authority 5 If you are a Health and Safety rep carry out a workplace inspection either jointly or unilaterally using your rights as a H&S rep. Repeat advice under 2 . (if not a H&S rep consider becoming one) 3 4 contracting 5 Raise matter with your joint health and safety committee 6 If after taking all reasonable steps consider contacting the HSE (Using contact point Union.Covidconcerns@hse.gov.uk You should let them know your concerns, danger(s) to safety, measures needed, and the steps you taken to reach agreement with your employer
What if I dont feel my workplace is safe? UNISON believes that our members should never be in a situation where they might endanger themselves and others in the course of doing jobs. Putting you in that situation is potentially a breach of health and safety law and may spread coronavirus to people in high-risk groups.
What if I dont feel my workplace is safe? As a last resort, when faced with a dangerous working environment which cannot reasonably be averted, every employee has the right not to suffer detriment if they leave, or refuse to attend their place of work (or take other appropriate steps) in circumstances where they reasonably believe there is a risk of being exposed to serious and imminent danger (section 44 of the Employment Rights Act 1996).
What if I dont feel my workplace is safe? Although this is very much a right of last resort, the context of a situation will be key on whether refusing to return to work or any other steps are appropriate. This means that an employee cannot automatically refuse a reasonable instruction to return to work without a good reason. If you feel you are being put at risk it is crucial to get advice and discuss the situation with your UNISON representative. Contact your branch and if needed you can seek advice from our regional office or legal team.
Useful Links 1 Contact Public Health England here: Contacts: PHE regions and local centres - GOV.UK Health Protection Scotland here: HPS Website - Contact Us - Health Protection Scotland Public Health Wales here: Contact Us - Public Health Wales Public Health Agency Northern Ireland here: Public Health Agency | nidirect
Useful Links 2 UNISON general advice on Covid-19 https://www.unison.org.uk/content/uploads/2020/02/Coronavirus-Advice-2.pdf Coronavirus: your rights at work | UNISON National TUC Education webinars TUC are planning a series of coronavirus related webinars delivered by TUC policy experts. Each webinar will provide up to date information on specific aspects of the crisis, including employment rights, health and safety and mental health. See the webinar held on March 16ththat focussed on health and safety at https://youtu.be/93qU-CepK7I. To sign up to get webinar alerts sign up . Public Health England Guidance Health England: Coronavirus (COVID-19): guidance for health professionals and other organisations https://www.gov.uk/coronavirus PHE: Coronavirus (COVID-19): What is self-isolation and why is it important? https://www.gov.uk/government/organisations/public-health-england NHS Advice
Useful Links 3 Main COVID-19 advice page https://www.unison.org.uk/coronavirus-rights-work/ Main PPE Guidance https://www.unison.org.uk/coronavirus-rights-work/personal-protective-equipment-coronavirus/ Existing COVID-19 Bargaining Guides https://www.unison.org.uk/get-involved/in-your-workplace/key-documents-tools-activists/bargaining- guides/ Outside UNISON Public Health Advice Page central hub for PPE https://www.gov.uk/government/publications/wuhan-novel-coronavirus-infection-prevention-and- control?utm_source=7c916e5e-b965-44d0-a304- cf38d248abba&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate HSE sources https://www.hse.gov.uk/news/coronavirus.htm
